The accused, a vocal music teacher, was charged with sexual assault, sexual interference, and invitation to sexual touching involving a 10‑year‑old student at a school.
The complainant testified to multiple assaults occurring during after‑school detentions in the music room.
The trial judge applied the principles in R. v. W.(D.) and assessed both credibility and reliability of the evidence.
Although the complainant was found credible and clearly traumatized, objective evidence regarding class schedules, the physical layout and accessibility of the classroom, and inaccuracies in the complainant’s recollection raised significant reliability concerns.
These factors created a reasonable doubt as to whether the alleged assaults occurred as described.
